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Scottish Court of Session Decisions >>
Graham v Smith. [1751] Mor 13350 (27 November 1751)
URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor3113350-044.html Cite as:
[1751] Mor 13350
Difference between a Sale on the act 1681, and one at the instance of an Apparent Heir. - Sale of lands under Wadset.
Graham v. Smith
Date: 27 November 1751 Case No. No 44.
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Where a ranking and sale is pursued of an estate, on part of which one has a wadset, the wadstter may object to the sale of his wadset lands, which will be sustained, and all that can be sold will be the reversion; and the purchaser of the reversion cannot remove the wadsetter without using the order of redemption in terms of the wadset. But should the wadsetter appear, and, without objecting to the sale, depone upon the verity of his debts, and crave and obtain a preference for his wadset sum, in that case, the lands being sold, the purchaser may remove the wadsetter without using the order of redemption, which the wadstter dispenses with, by his betaking himself to a preference as creditor in the wadset money.
